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Health and Social Care Act 2012

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Changes over time for: Section 137

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This version of this provision is prospective. Help about Status

Changes to legislation:

Health and Social Care Act 2012, Section 137 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Prospective

137Grants and loansE+W
This section has no associated Explanatory Notes

(1)[F1NHS England] may not provide financial assistance under section 136 in the form of a grant or loan unless it is satisfied that—

(a)it is necessary for the provider—

(i)to be able to continue to provide one or more of the health care services that it provides for the purposes of the NHS, or

(ii)to be able to secure a viable business in the long term, and

(b)no other source of funding which would enable it do so and on which it would be reasonable for it to rely is likely to become available to it.

(2)The terms of a grant or loan must include a term that the whole or a specified part of the grant or loan becomes repayable in the event of a breach by the provider or special administrator of the terms of the grant or loan.

(3)Subject to that, where [F2NHS England] makes a grant or loan under section 136, it may do so in such manner and on such terms as it may determine.

(4)[F2NHS England] may take such steps as it considers appropriate (including steps to adjust the amount of future payments towards the mechanism established under section 134 to raise funds for grants or loans under section 136) to recover overpayments in the provision of a grant or loan under that section.

(5)The power to recover an overpayment under subsection (4) includes a power to recover interest, at such rate as [F2NHS England] may determine, on the amount of the overpayment for the period beginning with the making of the overpayment and ending with its recovery.

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